13.5 LSJ - FY25 UPS Battery Replacement_Redacted.pdf

U.S. General Services Administration

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.5 (Commercial Items Only)

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

This requirement is in support of GSA IT Facilities Management (IDTOE), located at 1800 F Street, NW Washington, D.C. 20405. The contracting activity is the Office of Internal Acquisition (OIA), 1800 F Street NW, Washington, DC 20405.

2. Nature and/or description of the item/service being procured and anticipated cost.

(a) Brief Description:

GSA requires a qualified Schneider Electric Authorized Solutions Partner to execute a comprehensive battery replacement service.

CLIN Description QTY Unit Price Ext. Price

Modular Battery Replacement Service of (16) battery units; service is inclusive of new OEM batteries, labor during normal hours, battery install & system configuration and recycling of waste batteries per the attached SOW

Total

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value). Sole Source Justification Rationale in accordance with FAR 13.106- 1(b)(1)(i) and (ii). (Check one then provide rationale):

☐ Only one source reasonably available ☐ Urgent and compelling circumstances exists ☐ Exclusive licensing agreement exists X Brand name - If the brand name requirement applies to a portion of the procurement, please identify that portion.

☐ Industrial Mobilization

☐ Other

Rationale:

GSA IT currently maintains a Service Agreement with Schneider Electric (SE), facilitated through their authorized solutions partners, for preventive maintenance of the APC SYMMETRA PX Uninterruptible Power Supply (UPS) located in the Region 4 Regional Infrastructure Closet (RIC). The existing service agreement covers maintenance but excludes parts and battery replacements.

During the most recent preventive maintenance inspection, a certified technician confirmed that the existing 16 UPS batteries have reached End of Life (EOL) status. Schneider Electric, through one of their authorized partners, has stated that a Modular Battery Replacement Service (MBRS) is required to address this critical infrastructure need.

The total estimated value of this purchase order/contract is

Purchase Order period of performance will be 8/6/25 - 8/5/26.

4. An identification of the statutory authority permitting other than full and open competition. The authority under which this J&A is made is pursuant to FAR 6.302-1.

In accordance with 41 U.S.C. 253(c) and/or 10 U.S.C. 2304(c), GSA has determined that the procurement requires a brand-name set-aside in order to satisfy the Agency’s need. Specifically, the basis for other than full and open competition is that GSA requires services that, per our market research, are optimally provided by a Schneider Electric (SE) Authorized Solutions Partner in accordance with FAR 6.302.

By using a non-qualified Schneider Electric Authorized Solutions Partner, SE may use the exclusions above as a reason to not maintain, test, troubleshoot, or repair components of the UPS affected by or impacted from the batteries replaced by a vendor that is not a qualified partner.

Additionally we could run into an issue with our current annual Service Plan in 1) maintaining anything replaced by a provider that is/was not a qualified SE Authorized Solutions Partner; 2) using a non-qualified Schneider Electric Authorized Solutions Partner may void any warranties by SE; and 3) may not receive a full Preventive Maintenance service because of batteries not replaced by a qualified Schneider Electric Authorized Solutions Partner.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

While initial market research indicated this may be able to be provided by a non-Schneider Electric Authorized Solutions Partner, it comes with performance risk as well as potentially voiding our existing manufacturer warranties and service agreements.

Per Schneider Electric’s service agreement: “Repair of damage caused by abuse, misuse, improper storage conditions, lack of maintenance, maintenance not in accordance with Schneider Electric’s/the manufacturer’s instructions, non-compliance with Schneider Electric instructions for installation or energizing, mechanical, electrical or electronic overload or other events outside Schneider Electric’s control; Support for third-party equipment; (any parts or supplies that are not OEM could/would be considered 3rd party).

Equipment not provided by Schneider Electric Services. Examples include, but are not limited to:

o Third-party components;

o Switchgear;

o Information Technology (IT) Equipment;

Installation activities not provided by Schneider Electric Services as part of this service include, but are not limited to:

o System installation;

o Battery assembly;

o Information Technology (IT) Equipment migration services; and o Specialized testing or commissioning services.”

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. (MARKET RESEARCH, discuss which notices were published and where (outreach).

X GSA intends to publicize this requirement, prior to award, as required by subpart 5.2 by posting a notice on Contract Opportunities on July 22, 2025.

☐ GSA does not intend to publicize this requirement, prior to award, based on the following 5.202(a) exception: [See FAR 5.202(a) and select one of the 14 exceptions allowed for not publicizing on https://sam.gov/content/opportunitiesbo.gov.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer has determined that the anticipated price(s) will be fair and reasonable based on comparison of the vendor’s quote to the Government’s IGCE, historical pricing, commercial price lists, etc. Combined with the vendor’s technical capabilities as cited in Section 4 of this document and the proposed price, the Government has determined in accordance with the requirements as stated in the SOW, the prospective Vendor offers the best value to the Government.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted. (MARKET RESEARCH -review of industry sources, GSA eLibrary)

Market Research was conducted in accordance with FAR Part 10 by the Program and the CO/CS in Spring/Summer of 2025. The results indicated that this product is commercial in nature but could only be obtained from specific Authorized Partners as designated by the OEM Schneider Electric. This effort is not available from GSA MAS. Maintenance was previously procured via the GPC because the cost was under the micro-purchase threshold, however the specific service required now is estimated to be over that threshold and thus requires an open market solicitation.

The prospective Vendors have been deemed authorized resellers of SE and are the best option to obtain this service from.

9. Any other facts supporting the use of other than full and open competition. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No source has expressed in writing an interest in the acquisition, but several sources who are not SE certified vendors were contacted and seem capable, however the added costs and risks associated with using non-authorized vendors is deemed not worth the risk to the Government.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

This requirement is anticipated to be an ongoing need for the GSA IT in future years. New market research will be conducted prior to the expiration of the current award to determine if new manufacturers or sources are available to avoid limitation of competition in future years.

Program/Technical Official Certification:

I hereby certify and accept the responsibility that any and all supporting data provided above or used to justify the above requested for a sole source procurement (e.g., verifying the Government’s minimum needs, schedule requirements, and/or other rationale for other than full and open competition) is accurate and complete to the best of my personal knowledge and belief.

Contracting Officer’s Representative’s Signature:

Name Date

Contracting Officer’s Certification:

I hereby certify that the information contained in this Justification for Other than Full and Open Competition, is accurate and complete to the best of my knowledge.

Contracting Officer’s Signature:

Name Date